ST A T U T O R Y  I N S T R U M E N T S  
2024 No. 
FOOD , ENGLAND  
The Bread  and Flour  (Amendment)  (England ) Regulations  2024  
Made  - - - - *** 
Laid before  Parliament  *** 
Coming  into force  - - *** 
The Secretary  of State  makes  the following  Regulations  in exercise  of the powers conferred  on 
them  by sections  6(4)(a), 16(1)(a)  and (e)(b), 18(1)(c) (c), 26(1)(a)  and (3)(d) and 48(1) (e) of the 
Food  Safety  Act 1990 (f) and now vested  in the Secretary  of State (g). 
The Secretary  of State  has had regard  to relevant  advice  from  the Food  Standards Agency  in 
accordance  with section  48(4A) (h) of the Food  Safety  Act 1990.  
There  has been  consultation,  as required  by Article  9 of Regulation  (EC) No 178/2002  of the 
European  Parliament  and of the Council  laying  down  the general  principles  and requirements of 
food law, establishing  the European  Food  Safety  Authority  and laying  down  procedures  in matters  
of food safety (i), during  the preparation  and evaluation  of the following  Regulations.  
 
Citation, commencement , extent  and application  
1.—(1) These Regulatio ns may be cited  as the Bread  and Flour  (Amendment)  (England)  
Regulations  2024 . 
(2) These Regulations come into force  in accordance with paragraphs  (3) and ( 4). 
(3) The following  regulations come  into force on 1st October 2024 — 
(a) this regulation ; 
(b) regulation  2(1) for the purpose  of commencing the regulations mentioned in sub -
paragraphs (c) to (h);  
 
(a) Secti on 6(4) was a mended by paragraph 6 of Sched ule 9 to the Deregul ation and Con tracting Out Act 1 994 (c. 40), 
paragraph 10( 1) and (3 ) of S chedu le 5, and Sc hedule 6, to the Food Stand ards Act 1999  (c. 28) and S.I. 2002/794 . 
(b) Section 16(1 ) was amended by  paragraph 8 of S chedule 5 to the Food Standard s Act 1999.  
(c) Section 18(1) was  amended by paragr aphs 7 and 8 of Schedule 5  to the F ood St andar ds Act 1999 . 
(d) Section 26(3) was amen ded by Schedu le 6 to the Food Standards Act 1999 . 
(e) Section 48(1) was amend ed by paragra ph 8 of Schedule 5 to the Food  Standards Act 1999.  
(f) 1990 c. 16. 
(g) Functions formerly exercisable by “t he Minist ers” ( being , in relatio n to England and Wales and acting jointl y, the Minister 
of Agriculture, Fish eries an d Food and the Secre taries o f Sta te respectively concerned with  health in England a nd food and 
health in Wales and , in relation to Scotland,  the Secr etary of St ate) are now  exercisable in relation to  England by t he 
Secretary of State pursuant to pa ragraph 8 of Schedu le 5 to t he Food Stand ards Act 1999.  
(h) Section 48( 4A) was inserted by paragraph 21 of Schedule 5 to t he Food Standards Act 1999 . 
(i) EUR  2002 /178, t o which the re are amendme nts not relevant to these Regul ations .  2 (c) regulation 2(2) ; 
(d) regulation  2(3); 
(e) regulation 2(4 ); 
(f) regulation  2(5) insofar as it inserts regulation 9A into the Bread and Flour Regulations  
1998 ; 
(g) regulation 2 (6);  
(h) regulatio n 2(8). 
(4) The following regulations come into force on 1st October 2026 — 
(a) regulation 2(1) for the purpose of commencing the  regulations mentioned in su b-
paragr aphs ( b) and (c); 
(b) regulation 2(5) insofar as it inserts regulation A10 into the Bread and Flour Regulations 
1998 ; 
(c) regulation 2(7) . 
(5) These Regulations  extend  to England  and Wales  and apply  in England  only.  
 
Amendment  of the Bread  and Flour  Regulations  1998  
2.—(1) The Brea d and Flour  Regu lations 1998 are amended  in accordance  with the following  
provisions . 
(2) In regulation  2(1) (interpretation) — 
(a) after the definition  of “bread”,  insert — 
““common  wheat ” means  Triticu m aestivum  L.” 
(b) after the definition  of “third  country”,  insert — 
““wholemeal  flour” means  the flour  consisting  of the whole  of the product  obtained  
from  the milling  or grinding  of cleaned  cereals.”. 
(3) In regulation  4 (composition of flour) — 
(a) in paragraph  (1)— 
(i) for the words  “paragraph  (2)” substitute  “paragraphs  (1A) and (2)”, 
(ii) before  the word  “wheat”  insert  “common ”; 
(b) after paragraph  (1), insert— 
“(1A)  The requirements  specifi ed in paragr aph (1) shall  not apply  to— 
(a) wholemeal  flour ; or 
(b) flour  produced  by a small mill. 
(1B)  For the purposes  of paragraph  (1A)(b), a “small mill” is a production  site which  
has a maximum  annual  production  capacity  of 500 metric tonnes  of flour,  and has 
produced  less than 500 metric  tonnes  of flour for each of the last three  calendar  
years. ”; 
(c) in paragr aph (2) omit sub-paragraph  (a); and 
(d) in paragraph  (3)— 
(i) omit “, in the case of—”, 
(ii) omit sub-paragraph (a), 
(iii) in sub-paragraph  (b), omit “flour  other  than wholemeal ,”. 
(4) Omit regulation  7 (offences  and penalties ). 
(5) After regulation 8 (enforcement)  insert —  3 “Application  and modification  of provisions  of the Act 
9A. The provisions  of the Act specified  in column  1 of the table  in Schedule  5 apply, with 
the modifications  specified  in column  2 of that table, for the purposes  of these  Regulations.  
Transitional  provision s 
A10. An authoris ed officer  of a food authority  must not serve  an improvement  notice  
under  section  10(1)  of the Act, as applied  and modified  by regulation  9A, as read with 
Sched ule 5, if— 
(a) the improvement  notice  would  relate  to a product  that was placed  on the market  or 
label led befor e 1st October  2026; and 
(b) the matters constituting  the alleged  contravention  would  not have  const ituted  an 
offence under  the Bread  and Flour  Regulation s 1998 as they stood  immediately  
before  1st October 2026.”. 
(6) Omit regulation  10 (applicat ion of various  sections of the Act). 
(7) For Schedule  1 substitute  the Schedule  1 set out in Schedule  1 to these  Regulations.  
(8) After  Schedu le 4 insert the Schedu le 5 set out in Schedule  2 to these  Regulations.  
 
 
 
 Mark  Spencer  
 Minister of State  
Date Department  for Environment , Food and Rural  Affair s 
 SCHEDULE  1 Regulation  2(7) 
 
 “SCHE DULE  1 Regulation  4(1) to (3) 
Essential  Ingredients  of Flour  
 
 Column  1 
Substance  Column  2 
Required  quantity , in milligrams  per hundred  grams  
of flour,  and conditions of use 
(1)  Calcium  
carbonate  (a) not less than 300, and 
(b) not more  than 455, 
(c) conformin g with the criteria for E 170 calcium  
carbonate  in the Annex  to Commission  Regulation  
(EU) 231/2012 (a). 
(2)  Iron (a) not less than 2.10 
(b) in the form  of any, or any comb ination  of two or 
more,  of the following — 
(i) ferric  ammoniu m citrate  conforming  to the criteria 
in the monograph for ferric  ammonium  citrate  
contained  in the British  Pharmacopoeia  1973  at page  
201; 
(ii) ferrous  sulphate  conforming  to the criteria in the 
 
(a) EUR 2012/23 1.  4 monograph  for ferrous  sulfate heptahydrate  contained  
in the British  Pharmacopoeia  2023  at page I-1037 ; 
(iii) dried ferrous  sulphate  conforming  to the criteria  
in the monograph  for dried  ferrous  sulfate contained  
in the British Pharmacopoeia  2023 at page I-1036 ; 
(iv) iron powder  conforming  to the description,  
specifi cation  and requireme nts conta ined in Schedul e 
2. 
(3)  Thiamin  
(Vitamin  B1) (a) not less than 0.24 
(b) in a form conforming  to the criteria  in the 
monograph  for thiamine  hydrochlor ide contained in 
the British Pharmacopoeia  2023  at page  II-1129 . 
(4)  Niacin  (a) not less than 2.40 
(b) in a form confo rming to the criteria  in the 
monograph  for nicotinic  acid contained  in the British  
Pharmacopoeia  2023  at page II-404, or in a form  
confo rming  to the criteria  in the monograph  for 
nicotinamide  contained  in the British Pharmacop oeia 
2023 at page II-399. 
(5)  Folic Acid  (a) 0.250  
(b) in the form  of pteroylmonoglutamic  acid 
conforming  to the criteria  in the monograph  for folic 
acid hydrate  contained  in the British Pharm acopoeia  
2023  at page I-1110 .” 
 
 SCH EDULE 2 Regulation  2(8) 
 “SCHEDULE  5 Regulation  9A 
Application  and modification  of provisions  of the Act 
 
Column  1 
Provis ion of the Act  Column  2 
Modifications  
Section  3 (pres umptions that food intended  
for human consu mption)  In subsection  (1), for “this  Act”  substitute  
“the Bread  and Flour  Regulations  1998”  
Section  10(1) and (2) (improvement  notices)  For subsection  (1) (improvement  notices)  
substitute — 
“(1) If an authorised  officer of a food 
authority  has reasonable  grounds for 
believing  that a person  is failing to comply  
with any of regulations  4 to 6 of the Bread  
and Flour  Regulations  1998,  the authorised 
officer  may,  by a notice  served  on that 
perso n (in this Act referred  to as an 
“impr ovement  notice”) — 
(a)state the officer’s  grounds  for believing  
that the person  is failing  to comply  with the 
relevant  provision;  
(b)specify  the matters  which  constitu te the 
person’s  failure so to comply;  
(c)sp ecify the measures  which,  in the 
officer’s  opinion, the person  must take in  5 order to secure  compliance;  and 
(d)require  the person  to take those  measures,  
or measures  that are at least equivalent  to 
them,  within  such period  (not being  less 
than 14 days)  as may be specified  in the 
notice.  
(1A) If an autho rised  officer  of a food 
authority has reasonable  grounds  for 
believing  that a person  is failing  to comply  
with regulation  4(4) of the Bread  and Flour  
Regulations  1998 due to an act or default of 
some  other  person, the authorised officer  
may,  by a notice  served on that other  person 
(in this Act referred  to as an “improvement  
notice”)— 
(a) state the officer ’s grounds  for believing  
there has been  a failure  to comply  with 
regulation  4(4); 
(b) specif y the matters which constitute  the 
act or default  which  have  caused  the failure 
so to comply;  
(c) speci fy the measu res which , in the 
officer ’s opinion,  the person  served  must  
take in order  to secure  complia nce; and 
(d) require  that person  to take those  
measu res, or measures that are at least 
equivalent  to them , within  such perio d (not 
being  less than 14 days) as may be specified  
in the notice.” 
Section  20 (offences  due to fault of another  
person)  For “any  of the preceding  provisions  of this 
Part” substitute  “section  10(2), as applied  by 
regulation  9A of, and Schedule  5 to, the 
Bread  and Flour Regulat ions 1998, ” 
Section 21(1)  and (5) (defence  of due 
diligence)  In subsection  (1), for “any  of the preceding  
provisions  of this Part”  substitute  “section 
10(2),  as applied  by regulation  9A of, and 
Schedule  5 to, the Bread  and Flour 
Regulatio ns 1998”  
Section  30(8) (evidence of certificates  given  
by a food analyst  or examiner)  For “this  Act”  substitute  “the Bread  and 
Flour  Regulations  1998 ” 
Secti on 33 (obstructio n etc. of officer s) In subsection  (1), for “this  Act”  (in each 
place occurring)  substitute  “the Bread and 
Flour Regulat ions 1998” 
Section  35(1) (a) and (2)(b) (punishment  of 
offences)  In subsect ion (1), after “section  33(1)  
above”,  inser t “, as applied  and modifi ed by 
regulation 9A of, and Schedule  5 to, the 
Bread  and Flour  Regulations  1998” 
After subsection  (1), insert— 
“(1A)  A person guilty of an offence  under  
section  10(2),  as applied  by regulation  9A 
of, and Schedule  5 to, the Bread  and Flour  
 
(a) Section 35 (1) is amended by paragraph  42 of S chedule 26 to the Criminal Justi ce Act 2003 (c.44) from a date to be ap pointed.  
There are other amendments to sectio n 35(1) not relevant to these Regulations.   
(b) Section 35(2) was amended by S.I. 2015/664.  There are other amendm ents to section 35( 2) not  relevant to these  Regulations .
   6 Regulat ions 1998”  shall be liable, on 
summary  conviction,  to a fine.”  
In subsection  (2) for “any other offen ce 
under  this Act” substitu te “an offence  under  
section  33(2),  as applied  by regulation  9A 
of, and Schedule  5 to, the Bread  and Flour  
Regul ations  1998,”  
Section 36 (offences  by body  corporate)  In subsection  (1), for “this  Act”  substitute  
“section 10(2), as applied  by regulation 9A 
of, and Schedule 5 to, the Bread and Flour  
Regulations  1998”.  
Section  36A(a) (offences  by Scottish  
partnershi ps) For “this Act” substitute  “section  10(2), as 
applied  by regulation  9A of, and Schedule  5 
to, the Brea d and Flour  Regulations  1998 ,” 
Section  37(1)  and (6) (appeals)  For subsection  (1) substitute — 
“(1) Any person  who is aggriev ed by a 
decision  of an authorised officer  of a food 
authority to serve an improveme nt notice 
under  section 10(1),  as applied  and modified  
by regula tion 9A of, and Schedule  5 to, the 
Bread and Flour  Regulations  1998,  may 
appeal  to the First-tier Tribunal.”  
In subsection  (6)— 
(a) for “(3) or (4)” substitut e “(1)”, and 
(b) in paragraph  (a), for “a magistra tes’ 
court or to the sheriff ” substitute  “the First-
tier Tribun al” 
Section  39 (appeals  against  improvement  
notices)  For subsection  (1) substi tute— 
“(1) On an appeal  against  an impr ovement  
notice  served under section 10(1), as applied 
and modified  by regul ation 9A of, and 
Schedule  5 to, the Bread  and Flour  
Regulations  1998,  the First-tier Tribunal  
may either cancel  or affirm  the notice  and, if 
it affirms  it, may do so either  in its original  
form  or with such modi fications as the First-
tier Tribunal  may in the circumstances  think  
fit.” 
In subsection  (3), omit “for want  of 
prosecution  ” 
Section  44 (protection  of officers  acting  in 
good  faith)  For “this  Act”  (in each place  occurring)  
substitute  “the Bread and Flour Regu lations 
1998”” 
 
 
EXPLANATORY  NOTE  
(This  note is not part of the Regulations) 
 
These Regulat ions amend the Bread and Flour  Regulations  1998  (“the 1998  Regulations ”). 
Regulation  2(2) introduces  defin itions  of “common  wheat ” and “wholem eal flour ” to the 1998 
Regu lations.  
 
(a)  Section 36A was inserted by paragraph  16 of Schedule  5 to the Food S tandards A ct 1999 (c. 28 ).   7 Regulation  2(3) and (7) and Schedule  1 make  changes  to the essential  ingredients  of flour  in 
Schedule  1 of the 1998  Regu lations  to provide  for the mandatory  addition  of folic acid and 
changes  to the required  quantitie s of calcium  carbonat e, iron and niacin. There are exemptions  
provided  for wholemeal  flour  and flour  produced  by a small  mill. 
Regulation  2(4), (5), (6) and (8) and Schedule  2 revoke  regulati ons 7 and 10 of the 1998 
Regulations  in relation  to offences  and penalties and the application  and modification  of certain  
sections  of the Food  Safety Act 1990 . It is replaced by the applicati on and modification of certain 
sections  of the Food  Safety  Act 1990  as set out in a new Schedule  5 to the 1998  Regulations  to 
provid e for enforcement  by way of improvement  notices  and the offence  of failing  to comply  with 
an improvem ent notice.  
Regu lation 2(5) makes  transitiona l provision.  
A full impact  assessment  of the effect that this instrument  will have on the costs  of business,  the 
voluntary  sector  and the public  secto r has been  prepared  and placed in the libraries of both Houses  
of Parliament.  It is also available  at www. defra.gov.uk . 
The British  Pharm acopeia  1972  and 2023 , referre d to in Schedule  1, may be inspected  at the 
British Library  Lending  Division  Boston  Spa, Wetherby,  West  Yorkshire,  L23 7BQ  Tel 01937  
546 060.